Sydney CBD & inner city · Car accident lawyer help

Car crash lawyer help with fault, for people in Pyrmont

Free, by phone or online. We tell you honestly whether a fault question needs a lawyer.

Fault after a car crash is rarely all or nothing. The insurer may split it between drivers, reduce your claim over a missing seatbelt, or accept the other driver's account over yours. If you live in or travel through Pyrmont, our free claim check helps you understand what a fault finding means for you, and whether an independent lawyer should test it. There is no obligation and nowhere you need to go.

Postcode: 2009

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Pyrmont & Darling Island

Pyrmont roads and the question of fault

Around Botany Road and O'Riordan Street, airport traffic, taxis and delivery vans mix with commuters. In a low-speed city collision, fault usually turns on who had to give way, so photograph the signs and lane arrows. On a busy route such as Harris Street, rear-end and lane-change crashes are common, and each driver may remember the order of events differently. Photos of where the vehicles stopped help settle that. Hospitals serving the area include Royal Prince Alfred Hospital. Wherever you were first seen, describe the crash accurately and consistently. Insurers compare early medical notes with later accounts when they decide who caused a collision.

Streets near The Star light rail stop carry buses, taxis and drop-offs that stop and start without much warning. In a crash with a vehicle pulling out from the kerb, fault often depends on who had to give way.

Region
Sydney CBD & inner city
Postcode
2009
Main roads
Harris Street · Pyrmont Bridge Road
Nearest public hospital
Royal Prince Alfred Hospital
Getting around
The Star light rail stop · Fish Market light rail stop

The first hours after a crash, and the question of fault

You don't need to decide who caused the crash at the scene, and it's wiser not to argue about it there. Swap details, stay calm and avoid guessing about speeds or blame. What helps most later is a clear record: photos of the vehicles' positions, the road layout and any witness who saw it happen, with their name and number.

  • What the traffic lights or give-way signs showed
  • Where each car came to rest, photographed before moving if safe
  • Names and phone numbers of anyone who saw it
  • Weather, light and the road surface at the time

Read next:What to do after a car accident in NSW

Contributory negligence: when you share the blame

Contributory negligence means you are found to have contributed to the crash or to your own injuries. Common examples are not wearing a seatbelt, speeding, or travelling with a driver you knew had been drinking. It doesn't usually stop a claim. It can reduce weekly payments after 52 weeks and reduce damages, and above 61% you are treated as mostly at fault.

Check the percentage

A contributory negligence finding is usually expressed as a percentage. A few points either side of the 'mostly at fault' line can decide whether damages are possible at all, so ask how the figure was worked out.

Read next:Can I claim if I was partly at fault?

Fault and your claim: four situations

People often assume that being at fault means getting nothing. That isn't how the NSW scheme generally works. The four situations below show what usually changes as your share of the blame goes up.

  1. Situation 1

    You were not at fault

    If another driver caused the crash, their vehicle's CTP insurer deals with your claim. Having no share of the blame keeps the most options open, including a later damages claim where the injury goes beyond the threshold.

  2. Situation 2

    You were partly at fault

    Sharing some of the blame generally doesn't stop a claim. It can reduce weekly payments after the first 52 weeks and cut down any damages in proportion. How much is often argued, which is where advice helps.

  3. Situation 3

    You were wholly or mostly at fault

    Being at fault doesn't leave you with nothing. Statutory benefits generally continue for the first 52 weeks, but a damages claim is off the table. The same applies once contributory negligence is found to be greater than 61%.

  4. Situation 4

    No one was clearly at fault

    Some crashes happen without any driver being at fault, for example after a sudden medical episode or an unforeseeable mechanical failure. NSW has 'blameless accident' rules that may let an injured person claim in some of these cases. They are technical, so get advice.

General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.

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Dashcam, witnesses and the police record

Fault is decided on evidence, not on who sounds more certain. The usual pieces are the police event number and any police record, photos of where the cars stopped, the damage to each vehicle, dashcam footage and independent witnesses. No single piece is always decisive. Together they usually show what happened, even when the drivers tell different stories.

Some evidence only exists for a short time: skid marks, debris, temporary signs and camera footage. Other evidence can be gathered later, such as the police record and witness statements. If fault is disputed, a lawyer can ask for footage and records to be kept and, where the claim justifies it, obtain an expert opinion on how the crash happened.

  • Dashcam footage, saved as the original file
  • Photos of both vehicles' damage and final positions
  • Camera footage from nearby shops or homes
  • Photos of signals, signs and lane markings

Save footage early

Many dashcams loop and record over older files. Copy the crash footage to another device straight away, and keep the original file untouched.

Several vehicles, several insurers: working out fault

Chain collisions are where fault gets complicated. The driver who started it may carry most of the blame, but a driver behind who was following too closely can share it. Each vehicle has its own Green Slip insurer. Your task is to record every vehicle involved and the order of the impacts; the insurers' task is to sort out which of them responds.

Passengers and drivers caught in the middle of a chain crash often feel stuck between insurers. Your claim generally shouldn't stall while the insurers sort out their shares. Keep a note of every call, who you spoke to and what they said. If no insurer will take responsibility, that is a good moment to ask for advice.

Read next:Multi-vehicle accidents

Fault, statutory benefits and damages

Fault works more like a dial than a switch. A small share reduces some later entitlements. A share above 61% limits benefits to the first 52 weeks and rules out damages. No share at all keeps every option open. Knowing where the evidence puts you on that dial helps you decide whether a lawyer's view is worth having before the insurer settles its position.

Rules change

The fault rules and benefit limits described here apply to accidents from 1 April 2023. Earlier accidents can have different limits, so check the rules for your accident date.

Read next:At fault vs not at fault

Passengers: why the fault question is usually about the drivers

Being a passenger doesn't make fault irrelevant. It shifts the question to the drivers. If the driver of your car and another driver both contributed, your claim may involve both vehicles' insurers. Your own conduct can still come up in limited ways, such as not wearing a seatbelt or travelling with a driver you knew was affected by alcohol.

Many passengers hesitate to claim because the driver was someone close to them. It helps to know the claim is made against the CTP insurer, which exists for exactly this situation. The driver may be asked for their account, and any fault finding affects their own claim, not your right to make yours. Talk it through if you're worried about how it will land.

Read next:Passenger injury claims

Fault disputes: when a lawyer is worth a call

Being told you caused a crash when you believe you didn't is stressful, especially when damages depend on it. Before you respond, gather what you have: the event number, photos, footage, witness details and your own notes. Then get advice. An independent lawyer can say whether the finding looks sound and what challenging it would involve.

Read next:At-fault self-check

Do you need a lawyer for a fault question?

A lawyer isn't a box to tick after every crash. When fault is clear and accepted, many people run their own claim. When it's argued, split or pinned on you, advice is often worth having.

Often worth talking to a lawyer

  • A fault decision has been made and the review deadline is running
  • A seatbelt or speed argument is being used to cut your claim
  • The other driver's insurer says you caused the crash
  • Your injury may be more than a threshold injury and fault will decide damages

You may not need one

  • Your question is about treatment, not about who caused the crash
  • The other driver admitted fault and the insurer accepted it
  • You only need help identifying the at-fault vehicle's insurer

Fault may be the legal question, but your injuries are the heart of the claim. We can point you to doctors and allied health who work with CTP claims, including the Certificate of Fitness the insurer needs.

Not quite your situation?

  • If you're not yet sure whether this is an injury claim, a damage claim or something else, the car accident claim page helps you tell them apart. Car accident claim in Pyrmont
  • If you've already decided to engage a solicitor and want to know how the file runs stage by stage, see the car accident solicitor page. Car accident solicitor in Pyrmont
  • If you were riding, walking or cycling, or travelling by truck, bus or rideshare when you were hurt, the motor vehicle accident page fits better. Motor vehicle accident lawyer in Pyrmont

Frequently asked questions

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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